SEOUL METROPOLITAN GOVERNMENT ORDINANCE ON THE PROTECTION OF TENANTS OF COMMERCIAL BUILDINGS
Amendment of Other Laws No. 7044, Mar. 28, 2019 | Partial Amendment No. 7133, May. 16, 2019 |
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Article 1 (Purpose)
The purpose of this Ordinance is to support tenants (including sublessees, if any) of commercial buildings to enable them to perform business activities in a stable manner by forming fair and sustainable relationship in the lease of commercial buildings and by making it possible to promptly settle disputes between the landlords (including the managing bodies of commercial buildings, if any) and the tenants.
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Article 1 (Purpose)
The purpose of this Ordinance is to support tenants of commercial buildings to enable them to perform business activities in a stable manner by forming fair and sustainable relationship between landlords and tenants of commercial buildings and by making it possible to promptly settle disputes related to commercial building lease. <Amended by Ordinance No. 7133, May 16, 2019>
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Article 2 (Scope of Application)
(1) This Ordinance shall apply to commercial buildings referred to in the former part of Article 2 (1) of the Commercial Building Lease Protection Act (hereinafter referred to as the "Act") irrespective of payment of security deposit or rent.
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Article 2 (Scope of Application)
(1) This Ordinance shall apply to commercial buildings referred to in the main sentence of Article 2 (1) of the Commercial Building Lease Protection Act (hereinafter referred to as the "Act") irrespective of the amount of security deposit or rent. <Amended by Ordinance No. 7133, May 16, 2019>
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Article 3 (Definitions)
The terms used in this Ordinance shall be defined as follows:
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Article 3 (Definitions)
The terms used in this Ordinance shall be defined as follows:
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Article 4 (Mayor's Responsibility)
(1) The Mayor of the Seoul Metropolitan Government (hereinafter referred to as the "Mayor") shall strive to create an environment in which tenants can perform their business with ease through stabilization of the relationship of the lease of commercial buildings.
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Article 4 (Mayor's Responsibility)
(1) The Mayor of the Seoul Metropolitan Government (hereinafter referred to as the "Mayor") shall strive to create an environment in which tenants can perform their business with ease through stabilization of the relationship between landlords and tenants of commercial buildings.
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Article 5 (Recommendation and Support for Concluding Win-Win Agreements)
(1) In any of the following cases where commercial activities become invigorated irrespective of the intent of tenants, the Mayor may recommend to conclude win-win agreements for lease of commercial buildings (hereinafter referred to as "win-win agreement") and provide support therefor through budgetary support:
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Article 5 (Recommendation and Support for Concluding Win-Win Agreements)
(1) In any of the following cases where commercial activities become invigorated irrespective of the intent of tenants, the Mayor may recommend to conclude win-win agreement on the lease of a commercial building (hereinafter referred to as "win-win agreement") and provide support therefor through budgetary support:
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Article 6 (Creation of Long-Time Carefree Commercial Buildings)
(1) The Mayor may create Seoul Metropolitan Government long-time carefree commercial buildings to enable the tenants to operate their businesses for a long term with ease.
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Article 6 (Creation of Long-Time Carefree Commercial Buildings)
(1) The Mayor may create Seoul Metropolitan Government long-time carefree commercial buildings to enable the tenants to operate their businesses for a long term with ease.
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Article 7 (Lease Contracts, etc. for Property Possessed by Affiliated Institutions)
(1) The period of a lease contract for property possessed by an affiliated institution shall be at least two years: Provided, That where the contract period is less than five years, the tenant's right to request a renewal of the contract may be exercised only within the extent that the total lease period including the initial lease period does not exceed five years. In such cases, the same shall not apply to cases falling under any subparagraph of Article 10 (1) of the Act.
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Article 7 (Lease Contracts for Property Possessed by Affiliated Institutions)
(1) The period of a lease contract for property possessed by an affiliated institution shall be at least two years: Provided, That where the contract period is less than 10 years, the tenant's right to request a renewal of the contract may be exercised only within the extent that the total lease period including the initial lease period does not exceed 10 years. In such cases, the same shall not apply to cases falling under any subparagraph of Article 10 (1) of the Act. <Amended by Ordinance No. 7133, May 16, 2019>
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Article 8 (Recommendation for Use of Standard Form Contract)
In order to protect tenants' rights, the Mayor shall recommend to use a standard lease contract form and a standard premium contract form prepared by the Ministry of Justice and the Ministry of Land, Infrastructure and Transport.
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Article 8 (Recommendation for Use of Standard Form Contract)
In order to protect tenants' rights, the Mayor shall recommend to use a standard lease contract form and a standard premium contract form prepared by the Ministry of Justice and the Ministry of Land, Infrastructure and Transport.
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Article 9 (Counseling Center for Lease of Commercial Buildings)
(1) The Mayor may operate the Seoul Metropolitan Government Counseling Center for Lease of Commercial Buildings (hereinafter referred to as the "Counseling Center") to provide counseling services with respect to the lease of commercial buildings.
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Article 9 (Operation of Counseling Center for Lease of Commercial Buildings)
(1) The Mayor may operate the Seoul Metropolitan Government Counseling Center for Lease of Commercial Buildings (hereinafter referred to as the "Counseling Center") to provide counseling services related to the lease of commercial buildings. <Amended by Ordinance No. 7133, May 16, 2019>
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Article 10 (Dispute Mediation Committee on Lease of Commercial Buildings)
(1) In order to deliberate on and mediate the disputes related to the lease of commercial buildings, the Mayor shall establish the Dispute Mediation Committee on Lease of Commercial Buildings (hereinafter referred to as the "Mediation Committee).
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Article 10 (Dispute Mediation Committee on Lease of Commercial Buildings)
(1) In order to deliberate on and mediate the disputes related to the lease of commercial buildings governed by the Act, the Mayor shall establish the Dispute Mediation Committee on Lease of Commercial Buildings of the Seoul Metropolitan Government (hereinafter referred to as the "Mediation Committee). <Amended by Ordinance No. 7133, May 16, 2019>
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Article 11 (Composition of the Mediation Committee)
(1) The Mediation Committee shall be comprised of not more than 30 members including one chairperson: Provided, That in appointing commissioned members, the ratio of female members shall be at least 40 percent of them.
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Article 11 (Composition of the Mediation Committee)
(1) The Mediation Committee shall be comprised of not more than 30 members including one chairperson and a particular gender shall not exceed 6/10 of the number of members commissioned in accordance with the main sentence of Article 21 (2) of the Framework Act on Gender Equality: Provided, That the foregoing shall not apply where any unavoidable cause, such as lack of professional workforce of a particular gender in the relevant field, is deemed to exist, and the gender equality working committee adopts a resolution thereon in accordance with the proviso to the same paragraph. <Amended by Ordinance No. 6851, Mar. 22, 2018>
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Article 12 (Exclusion, Challenge and Evasion of Members)
(1) A member who falls under any of the following cases shall be excluded from the deliberation and mediation of the relevant case of the application for dispute mediation (hereinafter referred to as "case"):
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Article 12 (Composition and Operation of Mediation Division)
(1) To efficiently settle disputes, the Mediation Committee may establish a mediation division comprised of three members of the Mediation Committee.
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Article 13 (Revocation of Commissioning of Members)
If any member falls under any of the following cases, the Mayor may revoke commissioning of him/her:
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Article 13 (Grounds for Disqualification as Member of Mediation Committee)
None of the persons referred to in the subparagraphs of Article 33 of the State Public Officials Act, may be a member of the Mediation Committee.
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Article 14 (Dispute Mediation)
(1) A person who intends to have his/her dispute mediated shall file an application with the Mayor, stating the purport of and reasons for the application.
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Article 14 (Guarantee of Status of Member of Mediation Committee)
(1) A member of the Mediation Committee shall perform his or her duties independently and shall not be bound by any instruction with respect to the examination of and judgment on disputes over the lease of commercial buildings.
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Article 15 (Request for Attendance, etc.)
If necessary for dispute mediation, a subcommittee may request the parties to the dispute, their representatives or interested persons to meet or to submit related materials.
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Article 15 (Disqualification, etc. of Member of Mediation Committee)
(1) A member of the Mediation Committee shall be disqualified from performing his or her duties in any of the following cases:
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Article 16 (Refusal or Suspension of Mediation)
(1) In any of the following cases, a subcommittee may refuse to conduct mediation or suspend it:
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Article 16 (Applications for Mediation and Process Therefor)
(1) An application for mediation may be filed in writing or verbally.
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Article 17 (Effect of Mediation)
(1) Upon preparation of a proposal for mediation, a subcommittee shall present it to each party to the dispute without delay.
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Article 17 (Effect of Mediation)
In any of the following cases, the chairperson of the Mediation Committee shall reject an application. In such cases, he or she shall give notice of the grounds for rejection to the applicant:
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Article 18 (Formulation, etc. of Standards for Dispute Mediation)
(1) The Mayor may formulate the standards for dispute mediation by each matter requiring mediation under Article 10 (2) and conduct research for such purpose.
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Article 18 (Processing Period)
(1) The Mediation Committee shall complete mediating a dispute within 60 days from the date of receipt of an application for mediation: Provided, That such period may be extended by up to 30 days after resolution by the Mediation Committee with compelling reasons.(2) Where the Mediation Committee extends the period under the proviso to paragraph (1), it shall notify the parties of the grounds for the extension and other matters related to extension.[This Article Newly Inserted by Ordinance No. 7133, May 16, 2019]
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Article 19 (Enforcement Rule)
Matters necessary for the enforcement of this Ordinance shall be prescribed by Rule of the Seoul Metropolitan Government.
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Article 19 (Inspections)
(1) The Mediation Committee shall take a lease contract between the parties to the dispute as a basis for mediation and, where deemed necessary for mediation, may request an applicant for, a respondent of, or an interested party to the dispute, or a witness, to appear and make a comment or statement in the Committee or to submit materials, etc. necessary for the mediation.
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Article 20 (Decision without Mediation)
(1) Where a dispute is deemed improper for mediation, considering the nature of the dispute, or a party is deemed to have filed an application for mediation for an improper purpose, the Mediation Committee need not mediate.(2) When the Mediation Committee decides not to mediate under paragraph (1), it shall give notice of the decision to the parties to the dispute.[This Article Newly Inserted by Ordinance No. 7133, May 16, 2019]
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Article 21 (Completion of Mediation)
(1) Upon deciding a proposal for mediation, a Mediation Committee shall give notice of such proposal to each party without delay.
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Article 22 (Duty to Maintain Confidentiality)
No current or former member of the Mediation Committee or no person involved in the mediation affairs shall divulge any confidential information he or she becomes aware of in the course of performing his or her duties, or use such information for any purpose other than for performing his or her duties.
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Article 23 (Application Mutatis Mutandis of other Acts)
Except as otherwise provided in this Ordinance, the Judicial mediation of Civil Disputes Act shall apply mutatis mutandis to the operation of the Mediation Committee and the mediation process.
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Article 24 (Allowances and Travel Expenses)
Allowances, travel expenses, etc. may be paid to the members who attend meetings of the Mediation Committee, the relevant experts, etc. within the budget in accordance with the Seoul Metropolitan Government Ordinance on the Payment of Committee Allowances and Travel Expenses: Provided That, this shall not apply where a public official attends a meeting in direct connection with his or her duty.
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Article 25 (Legal Fiction as Public Official in Application of Penalty Provisions)
Members of the Mediation Committee who are not public officials, shall be deemed public officials for the purposes of applying Articles 127 and 129 through 132 of the Criminal Act, in accordance with Article 22 of the Act.[This Article Newly Inserted by Ordinance No. 7133, May 16, 2019]
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Article 26 (Formulation of Standards for Dispute Mediation)
(1) The Mayor may formulate the standards for dispute mediation by each matter requiring mediation under Article 10 (2) and conduct research for such purpose.
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Article 27 (Enforcement Rule)
Matters necessary for the enforcement of this Ordinance shall be prescribed by rule of the Seoul Metropolitan Government.
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